LEUNG KWAI LING, L v. FAIRBAIRN CATLEY LOW & KONG AND ANOTHER

HCA 1568/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1568 OF 2011

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DECISION ON COSTS

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1. The plaintiff has applied to vary the costs under nisi I made on 20 January 2012 requiring her to pay the defendants HK$19,000 for opposing her appeal against the order of Master Ng made on 30 November 2011. The amount of costs originally claimed was $29,116, which was assessed by me summarily down to HK$19,000. The grounds of the plaintiff’s application as set out in a letter dated 30 January 2012 are that the hours spent by the defendants’ solicitors on attending clients, preparing the case and so on were excessive.

2. She further said in another letter dated 27 April 2012 that each party should pay its own costs or, alternatively, the amount of costs payable should be further reduced to HK$1,200 for a trainee solicitor’s work and HK$200 for minor charges like photocopying.  The basis for this is that the defendants regarded her case as frivolous, simple and was liable to be struck out.

3. The initial objections in the letter of 30 January are directed at the original bill of costs seeking a sum of HK$29,116. I have reviewed my summary assessment which allowed the sum payable to HK$19,000. The sum allowed is based on a reduced number of hours of work.  I think it is a reasonable sum.

4. I also do not think the costs should be further reduced to HK$1,400.  This suggestion is wholly unreasonable.  Even if the plaintiff’s claim is frivolous, that in itself is not a ground for not requiring a reasonable amount of time and resources to deal with it.  I reiterate that the amount of costs of HK$19,000 as assessed is reasonable for the defendants’ work in opposing the appeal.  I dismiss the plaintiff’s application to vary the costs order nisi.

5. I further order the plaintiff to pay the defendants the costs of this application to vary the order nisi.  I assess summarily such costs at HK$3,000.